KARSANJI CHATURJI HADIYOL Vs. JASUBEN RAMSINGJI PARMAR

JUDGEMENT

(1.) .This Letters Patent Appeal against order dated 1st July 1996 in Special Civil Application No. 2735 of 1996 has arisen in the following circumstances.

(2.) The appellant has married to respondent No. 1 in 1968 after the expiry of his first wife and has 3 children from the 2nd marriage, who are respondent Nos. 2 to 4. It appears that the marriage has suffered rough weather and the appellant estranged with second wife is living separately from his second wife and children from second marriage. On 19-11-1985, respondent No. 1 Jashuben filed a Misc. Criminal Application under S.125 of the Code of Criminal Procedure, 1973 on her behalf as well as on behalf of the children and after reply of the appellant was received on 29th June 1986 an order for interim maintenance was made directing the appellant to pay Rs. 300.00 per month in respect of the four respondents. The application under S.125 came to be decided finally on 3rd February 1995, by which the claim of the respondents for maintenance was upheld. The quantum of maintenance was fixed at Rs. 1,350.00 in all. It was ordered that the maintenance amount as finally determined, is payable from the date of the application. The individual determination of the maintenance was Rs. 500.00 for wife-respondent No. 1, Rs. 300.00 each for son Chandansinh and daughter Surya respondents Nos. 2 & 3 and Rs. 250.00 for daughter Antarben - respondent No. 4. He passed further order that maintenance was payable to Chandansinh upto 5-3-1989, Surya upto 16-8-1993 and Antarben upto 16-11-1997 respectively upto the date of attaining the age of majority by the children of the appellant before us.

(3.) Aggrieved with the order, the appellant preferred a Revision Application before the Sessions Judge at Palanpur, who, by his order dated 11th March 1996, dismissed the revision and confirmed the order passed by the Judicial Magistrate.